White wants mayor off June ballot

Thursday

Apr 26, 2012 at 12:01 AM

STOCKTON - Mayoral candidate Ralph Lee White will ask a judge next week to have incumbent Mayor Ann Johnston's name stricken from the June 5 ballot because, he says, she has already termed out of office.

Scott Smith

STOCKTON - Mayoral candidate Ralph Lee White will ask a judge next week to have incumbent Mayor Ann Johnston's name stricken from the June 5 ballot because, he says, she has already termed out of office.

White further says Johnston is currently serving illegally and believes she should immediately step down. That's based on White's interpretation of the Stockton City Charter's language on term limits.

"If she has to step down, she has to step down," White said. "What we're asking the judge to do is to follow the law."

White is one of four candidates seeking to unseat Johnston, who is in her first term as Stockton's mayor. She previously served two terms as a City Council member.

That's too many terms, argues White, pointing to Section 606 of the city charter that governs term limits. It says:

"No person elected as either Mayor or Councilmember shall be eligible to serve, or serve, as either Mayor or Councilmember for more than two (2) terms..."

With a vote by Stockton residents, this line was added to the city charter in 1986 under Measure C. Drafters of the section wanted city leaders to serve shorter terms to discourage special-interest groups from controlling the city.

The city's administration has interpreted the charter language to mean that Johnston - or any city leader - is eligible to serve two terms on the council and also two terms as mayor, which is a separate office.

Johnston did not respond to requests for comment Wednesday. Speaking on her behalf, city spokeswoman Connie Cochran said Johnston was busy and that they are evaluating the court documents White served on them Tuesday.

This is not the only criticism of how the city charter is being interpreted. City administrators conceded this week that council members have been enrolled into a state pension fund in violation of the city charter.

And now White is asking for a judge to give his independent interpretation on the language regarding term limits.

Stockton attorney Michael Babitzke filed a writ of mandate Tuesday for White and the Stockton Black Leadership Council. San Joaquin County Superior Court Judge Lesley Holland is expected to consider it in a May 1 hearing.

The suit also names the city of Stockton, City Clerk Bonnie Paige and San Joaquin County Registrar of Voters Austin Erdman.

White said he doesn't believe the city should hire another outside attorney to defend the mayor because city voters already approved the charter. If the charter is unclear, the voters should be given a chance to approve a revision, White said.

"If you don't like the law, take it to your legislators," White said. "If they don't like the way its written, take it to the voters."